Riverdale City Zoning Code
ARTICLE V
General Requirements
§ 168-18 Front yard setback adjustment.
Minimum front yard setbacks, as regulated and provided in Schedule D,[1] may be modified so that the minimum setback may conform to the established setbacks of existing buildings within 200 feet on the same side of the street and within the same block.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 168-19 Location of building entrance.
The main entrance to a building may be located in any building wall except in the wall of a building which faces a rear yard.
§ 168-20 Principal uses in nonresidential districts.
In the nonresidential districts a principal building may contain more than one use provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for the zone district and, further, that each use occupies a minimum gross floor area of 750 square feet.
§ 168-21 Exceptions to requirements.
A.
Height exceptions. With the exception of residential uses as permitted by this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-condition equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter but in not case more than 25% more than the maximum height permitted for the use in the district, or 10 feet, whichever is less.
B.
Extensions into yards. No part of any building shall extend more than one foot beyond the foundation into any required yard except the following which shall not extend more than two feet beyond the foundation into any yard:
§ 168-22 Child-care centers.
Other regulations of this chapter to the contrary not withstanding, child-care centers for which, upon completion, a license is required from the Department of Human Services pursuant to P.L. 1983, c.492 (N.J.S.A. 30:5B-1 et seq.), shall be permitted in all nonresidential zones. Child-care centers are also permitted as secondary uses in conjunction with institutional uses located in any zone district. Child-care centers shall be subject to the following requirements:
A.
Time of operation. Child-care centers, except child-care centers operated by an industry during the work hours as a service to its employees, shall be limited to daytime operations between the hours of 6:00 a.m. to 7:00 p.m.
B.
Setbacks. Any building containing a child-care center shall meet the yard requirements of the zone district, provided that no such building shall be located within 35 feet of a residential property.
C.
Outdoor play areas. Outdoor play areas shall be located in side and rear yards only, shall be enclosed by a fence and shall be located at least 35 feet from a residential property line and at least 20 feet from a nonresidential property line.
D.
Parking. Off-street parking shall be provided in accordance with Schedule E [1]and shall be subject to the location requirements applicable to the zone district as provided in Schedule D.[2] Pickup and delivery of children shall take place on the site with safe means of ingress and egress as approved by the Planning Board.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Screening. All parking areas and play areas that adjoin residential properties shall be effectively screened by appropriate landscaping as approved by the Planning Board.
F.
Minimum lot size. Unless a greater area is required by the zone district in which the use is located, there shall be a minimum lot area of 15,000 square feet for the first 10 children for which the facility is licensed to accommodate at any one time plus 500 square feet for each additional child for which the facility is so licensed.
G.
Other conditions. Any child-care center shall be subject to site plan approval by the Planning Board in accordance with development review.
§ 168-23 Parking and storage of vehicles on residential lots.
A.
All vehicles must be owned or used by a resident of the premises. Only two vehicles used for commercial purposes may be parked on a property; however,
(1)
No truck or other vehicle with a registered gross vehicle weight exceeding 15,000 pounds, or having a height measured from the ground exceeding eight feet, or having a length measured bumper-to-bumper exceeding 24 feet shall be parked on a residential lot unless stored in a completely enclosed garage at all times.
B.
Parking in front yards shall be in a paved driveway or in a paved area served by a driveway. The total paved area shall not exceed 35% of the front yard area.
C.
Only one drop curb shall be allowed on any lot having less than a one-hundred-foot frontage. On circular driveways, two drop cubs will be allowed on lots greater than one-hundred-foot frontage. No curb drop shall be wider than 20 feet.
D.
All parking and storage shall be located at least five feet from a property line.
E.
Asphalt or other hard surfacing is limited to driveways, parking areas, storage areas, walkways and patios. The total of all hard surfacing shall not exceed 25% of the available lot area.
F.
Any motor vehicle parked or stored shall have a valid DMV registration except those vehicles stored in a fully enclosed garage.
G.
A total of two recreation vehicles, as defined herein, may be stored or parked within a residential district provided that the following requirements are met:
(1)
Such recreational vehicles shall be parked, stored within the side or rear yard only of the subject premises upon which the owner of said vehicle(s) reside;
(2)
Recreational vehicles as defined herein must be kept licensed, registered and in proper repair and may not be used for living purposes, or for storage of materials other than those which are customarily used in conjunction with said vehicle.
(3)
Construction equipment and vehicles are prohibited from being stored within a residential district.
(4)
Storage and/or parking of recreational vehicles shall be on an asphalt paved, concrete or concrete paver surface and must meet the minimum required setbacks for accessory structure per the particular residential zone, but in no case shall it be less than 10 feet when stored or parked in the side yard.
§ 168-24 Residential vehicle sales.
§ 168-25 Residential vehicle repair.
A.
Vehicles(s) owned by a resident of the property may do vehicle repairs.
B.
Repairs shall be limited to minor vehicle repairs only. Major vehicle repairs are strictly prohibited unless within a totally enclosed garage.
C.
Inoperable vehicles can only be stored on the driveway for 72 hours (three days). If the vehicle is not repaired by then, the inoperable vehicle shall be stored in the garage, out of public view.
D.
Vehicle repair is not allowed on the public right-of-way (street, parkways [the area between the sidewalk and the curb] or sidewalk), or the front lawn. All work must be done on the driveway or inside the garage.
§ 168-26 Parking of vehicles in nonresidential districts.
Commercial vehicles, recreational vehicles, buses, ambulances, vans, limousines, trucks, trailers and construction equipment and similar vehicles shall not be permitted to be stored in any nonresidential district unless owned by the property owner of a permitted use in the zoning district. Storage and/or parking of all vehicles shall be on an asphalt paved, concrete or concrete paver surface and must meet the minimum required setbacks for accessory structure per the particular zone. All such vehicles must be stored/parked in the rear yard area only.
§ 168-27 Signs.
[Amended 11-25-2024 by Ord. No. 9-2024]
A.
Applicability of regulations. The following regulations shall apply to all signs and outdoor advertising except where specifically provided in district regulations.
B.
Sign erection permit required. No sign, either permanent or temporary, shall be constructed or displayed unless a sign construction permit shall have first been obtained from the Zoning Officer and, where sign construction is involved, unless a building permit shall have first been obtained from the Construction Official, unless specifically exempted. When a business use removes from a structure or land all nonconforming signs pertaining to that business, any new sign erected at such location shall comply with the requirements of this chapter.
C.
Regulations applicable to all zones. The following general provisions are applicable to all zones:
(1)
Unless otherwise provided for, all signs shall relate to the premises on which they are erected.
(2)
Any signs not specifically permitted are hereby prohibited.
(3)
Signs, whether portable, permanent or temporary, other than municipal, county or state signs, shall not be erected within the right-of-way of any street or approved sight easements, nor shall any sign be located so as to constitute a traffic hazard.
(4)
The top of freestanding signs shall be no higher than 80% of the height limit of principal structures permitted in the zone where located or 25 feet, whichever is less. Signs attached to a principal structure shall not extend above the roofline or parapet. Where the face of a sign has openings or is of an irregular shape, the area of the sign, exclusive of supporting members, shall be considered as the total area of the smallest rectangles that can enclose the sign.
(5)
The area of a sign shall be computed as the total square foot content of the background upon which the lettering illustration or display is presented. If there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or display. No portion of the supporting members of any sign which is used solely for such purpose shall be included when computing the area of any sign. For signs with two display faces, the maximum area requirement shall be permitted for each face.
(6)
The use and display of strings or streamers or flags, pennants or spinners or similar objects and devices across, upon, over or along any premises or building, whether as a part of any sign or for advertising or public attraction or otherwise, is prohibited in any zone.
(7)
The "vertical height" of a sign shall mean and include the largest vertical height of the background upon which the lettering, illustration or display is presented. This shall not include the supporting members of any sign which are used solely for such support. If the letters, illustration or display are attached directly to the face of a building, the height of the sign shall be the height of the largest letter, illustration or total display, whichever is the greater.
(8)
Freestanding signs shall not be supported with guy wires.
(9)
Advertising or identification of an establishment painted on the surface of a building shall be considered part of the regulation of this chapter.
(10)
Signs attached to the side of a building shall not extend more than 12 inches from the face of the building.
(11)
Whenever a sign becomes structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order such sign to be made safe or removed. Such order shall be complied with within five days of the receipt thereof by the person, firm or corporation owning or using the sign or the owner of the building, or premises on which such unsafe sign is affixed or erected.
(12)
Signs shall not be painted on or affixed to water towers, storage tanks, smokestacks or similar structures.
(13)
The area surrounding ground signs shall be kept neat, clean and landscaped. The owner of the property upon which the sign is located shall be responsible for maintaining the condition of the area.
(14)
Facade signs and freestanding signs for office, commercial and industrial uses may be internally illuminated.
(15)
One nonflashing sign identifying a church, public building, playground or other such permitted use and not exceeding 10 square feet in area on any one side and located not less than 10 feet from any street or property line shall be permitted for each of the aforementioned permitted uses.
(16)
A free-standing sign shall have a vertical clearance between the average ground level beneath the sign and the bottom edge of the sign of eight feet or greater or the top of the sign shall not extend more than three feet above the average ground elevation.
(17)
Signs, as part of an awning, canopy or marquee are permitted within the CB, CRD or HB zones and shall be included when calculating the total sign area.
D.
Prohibited signs. The following sign are prohibited:
(1)
Moving or revolving signs and signs using waving, blinking, flashing, vibrating, flickering, tracer or sequential lighting, except for time-and-temperature signs and changeable copy displays.
(2)
Signs using words such as "stop" or "danger" or any other sign which, in the judgment of the Police Chief of the Borough, constitutes a traffic hazard or otherwise interferes with the free flow of traffic.
(3)
Roof signs.
(4)
Signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other sign not related to the premises on which the sign is erected.
(5)
Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters, or causing interference with radio or television reception.
(6)
Signs placed in awnings, trees, fences, utility poles or signs attached to other signs.
(7)
The use of flags, banners and pennants.
(8)
No sign shall be placed on, erected on, or attached to the roof or rooftop of any building or structure. Exception: Signs may be attached to a Mansard roof or Mansard roof type building facade; but may not project above the highest elevation of the Mansard roof or Mansard roof type building facade.
(9)
Except as otherwise expressly permitted in and by the provisions of this chapter, no sign shall be placed or located or displayed upon any public sidewalk or within the limits of any public street or right-of-way or project over any sidewalk or public right-of-way.
E.
Permitted signs: single-family residence zones and single-family units, PO, PRD, MF, AH-PRD-2, wherever situated.
(1)
Nameplate and identification signs for single-family dwellings. A sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than four square feet. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
(2)
Religious institutions, hospitals, nursing homes, private schools and service organizations may have one freestanding or wall sign not exceeding 20 square feet in area.
(3)
Temporary non-illuminated real estate signs announcing the sale, lease or rental of the premises on which the sign is located, not exceeding 620 square inches in area.
(4)
A permanent sign as approved by site plan review indicating the name of the development.
(5)
Freestanding identification signs in the Affordable Housing Planned Residential Development 2 District shall be permitted at a maximum size of 32 square feet. Additionally, internal directional signs directing visitors to individual dwellings, containing addresses and directional arrows, shall be permitted, but not to exceed six square feet in area.
F.
Permitted signs in HB, I and IQ Zones. In addition, signs as hereinafter regulated are permitted, provided that no sign shall be permitted which is not accessory to a use, business, product, commodity, service, activity or entertainment and manufactured products sold or conducted on the property, and then only if the following requirements are complied with.
(1)
The total area of all signs affixed to a structure shall not exceed 7% of the building front facade of the structure, or 50 square feet, whichever is less. The Planning Board may permit a total sign area of up to 10% of the building front facade if, in the Planning Board's judgment, such additional area shall assist in developing a harmonious and integrated sign plan in accordance with the goals and objectives of this subsection.
(2)
For grouped uses (shopping centers), on a single property: One freestanding sign advertising the center and the tenants shall be permitted not exceeding a total of 150 square feet. No sign shall exceed 25 feet in height at its uppermost edge.
(3)
For one use on a single property: One freestanding sign shall be permitted not exceeding 75 square feet in area. No sign shall exceed 25 feet at its uppermost height.
(4)
No sign shall be located closer than 10 feet to any lot line.
(5)
Only those signs identifying the name, business, occupant, service, address or product offered or sold on the premises shall be permitted to be erected. Coming events, community bulletin boards and time-and -temperature signs shall also be permitted.
(6)
Any location where business goods are no longer sold or produced or where services are no longer provided shall have 90 days to remove any remaining or derelict on-premises signs following notification by the Borough and at the expense of the owner of such property. Where due written notification has been given by the Borough and compliance has not been made within the required ninety-day period, the Borough may cause removal of such sign and charge the cost of such removal to the owner.
G.
Permitted signs in CB, CRD and PO Zones. The same as Subsection F above, except as follows:
(1)
In CB, CRD and PO Zones, the total area of all signs, both affixed to a structure and freestanding, shall not exceed 25 square feet.
(2)
Any illumination of signs in the PO Zone shall be incandescent and the source of light shall be shielded so as not to interfere with traffic or with the comfort of persons in neighboring structures.
H.
Temporary signs.
(1)
Signs advertising construction or alteration of residential buildings. No temporary sign which advertises the construction or alteration of a residential building shall be larger than 24 square feet in area and must be removed prior to the issuance of the certificate of occupancy of the building or structure for which the building permit was issued or before the first certificate of occupancy is issued, if said premises are subject to more than one occupancy and, in any event, not later than one year from the date of issuance of the permit for said temporary sign, whichever period of time is less.
(2)
Temporary signs advertising major subdivisions. Any sign advertising a major subdivision comprising three or more home sites shall not exceed 24 square feet in size and shall be removed within one year after an occupancy permit has been issued for the first residence constructed in said subdivision or one year from the date of the issuance of the permit for the erection of said temporary sign, whichever period is less.
(3)
Temporary signs advertising nonresidential construction. A temporary sign advertising the construction or alteration of a commercial, business, institutional or industrial structure and which is intended to be displayed prior to or during such period of construction or alteration shall not exceed 100 square feet in area and shall be removed when the first certificate of occupancy for said building or structure or unit or portion thereof is issued, if the same is to be subject to more than one occupancy, or one year from the date of issuance of the permit for said temporary sign, whichever period is less.
(4)
Temporary real estate or rental signs. One sign only advertising that a property is for sale or for rent or by whom it has been sold or rented may be placed on any property in any zone and must comply with the following requirements:
(a)
It shall not be illuminated.
(b)
It shall pertain only to the lease or sale of the property upon which it is placed.
(c)
For any property in nonresidential zones, the maximum size of the sign shall not exceed 24 square feet.
(d)
It shall be removed within seven days after the signing of a lease or the transfer of the title of the advertised premises.
(e)
No sign construction permit shall be required for real estate signs to be erected and displayed in accordance with provisions of this subsection, but a zoning permit is required for any temporary real estate sign that is not for a single-family detached residence.
I.
Temporary signs advertising public and charitable purposes and events. Temporary signs advertising public or charitable purposes or events may be placed on property owned by an organization conducting the event or on property taxed or zoned for business or light manufacturing use, subject to the following requirements:
(1)
No sign shall be erected more than 28 days before the event is to take place, and all signs shall be removed within seven days after the event.
(2)
The sign shall not exceed 32 square feet in area. Construction permits are required, but the fees shall be waived.
(3)
The owner of the property where the sign is located shall not charge for the privilege of having the sign on the property.
(4)
The application for the sign shall contain the signature of the owner of the property, indicating consent, and the signature of an authorized representative of the organization, indicating the organization is responsible for the sign.
§ 168-28 Specific regulations to prevail.
In the event of a conflict between a specific district regulation and a regulation set forth in this chapter, the specific district regulation shall prevail.
§ 168-29 Nonconforming uses and structures.
A.
Whenever a nonconforming use has been abandoned, such use shall not thereafter be reestablished, and any subsequent use shall be in conformity with the provisions of this chapter.
B.
Once changed to a conforming use, no building or land shall revert to a nonconforming use. No nonconforming use, building or structure shall be changed to another nonconforming use.
C.
Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the building so occupied and any such structure may be restored or repaired in the event of partial destruction, provided that such destruction does not exceed 51% of the structure as determined by the Borough Engineer and Building Inspector. When restoration can be made within the limitation as set forth above, such work must be completed within six months of the date of destruction. If not completed within that time, the restoration of the nonconforming use or structure will be prohibited.
D.
A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the effective date of this chapter shall not be deemed the extension of such nonconforming use.